Mumbai: Observing that state govt is responsible for safety at public beaches, Bombay High Court on Thursday quashed and set aside an FIR registered against trustees and staff of a Pune college following the Feb 2016 drowning of 14 students during a picnic at Murud beach in Raigad.
The FIR was registered on the complaint of the father of a deceased student against 17 persons, including five trustees of Abeda Inamdar Senior College, the in-charge principal, three assistant professors, peons and lab assistants, under IPC Section 304A (causing death by negligence). The remaining four staff, including two professors, had accompanied 41 TY students who were all adults.
The judge said TY students “being mature … can be reasonably expected to understand the likely consequences of their own actions. Unfortunately, the 14 deaths were an “accident” and in the absence of material establishing direct/proximate connection leading to their deaths, they cannot be held liable for negligence. He opined that govt should make a blueprint of all crowded sea water beach fronts and “implement a uniform policy” for display of signage/warnings and sanction funds for rescue measures, etc. This exercise will be beneficial “to society at large and it showcases a sign of a progressive nation.”
Justice Jadhav noted the trustees were not at the picnic and some staff accompanied first- and second-year students and returned safely.